The undersigned person or entity signatory (hereinafter the Subscriber)
agrees to the following Terms and Conditions of the Internet Service
Contract (hereinafter the Contract). Access to the Internet service is
provided subject to the following Terms and Conditions. Irene's House O
Fun, Inc., exercises no control over the content of the information
available through the Internet service.
The phrase "the Company" refers to Irene's House O Fun Inc., a Virginia
Corporation (doing business as ESVA.NET: address of P O Box 928,
Nassawadox, VA 23413 USA) and its assigns and operators of the Internet
The Internet service provided to the Subscriber by the Company may only
be used in accordance with all applicable laws, statutes, regulations and
rules and solely for lawful purposes. Transmission, promulgation, theft,
procurement of, communication, alteration, publication or storage of any
information, protected material/property, data or material in violation of
any National Law of any sovereign nation, or of International Law, the
United States Annotated Code, or of any state or local law, statute,
regulation or rule is strictly prohibited. This includes, but is not
limited to any material, data, matter, software or software code, or
intellectual property protected by copyright, trademark, privacy, or other
proprietary, personal or property right, trade secret, or any other
statute. It is unlawful and a violation of this Contract to communicate,
transmit, or promulgate in any matter, means or medium, any threatening,
harassing, or obscene material, matter, communications of any sort or to
otherwise use the Internet service for any illegal or unlawful purpose.
The Subscriber is solely responsible for the knowledge of and adherence
to any and all laws, statutes, rules and regulations pertaining (i) to the
Subscriber's use of the Internet service (ii) to the use of any networks
connected to the Internet service, and (iii) to the communications means by
which the Subscriber connects their modem, PC terminal or other equipment
to the Internet service.
The Subscriber agrees to indemnify and hold harmless the Company, its
officers, shareholders, agents and employees and its other subscribers from
any and all claims , costs, expenses, judgments, causes of actions,
attorneys fees, litigation and court costs resulting from the Subscriber's
use of the Internet service in any manner, whether directly, indirectly or
by any act of commission or omission.
Payment of the Internet service fee is due on the first day of the
billing period of the selected service option. Service started from the
first through the fifteenth day of the month is subject to the full monthly
service charge of the selected service option. Service started from the
sixteenth through the last day of the month is subject to half the monthly
service charge of the selected service option. An Internet service account
is in default if payment of the Internet service fee is not received within
15 days after payment is due. If the Subscribers payment is returned to
the Company unpaid, the Subscriber is immediatly in default and subject to
a charge of $25 from the Company. Accounts unpaid 30 days after payment is
due may have their service interrupted. Such interruption does not relieve
the Subscriber from the obligation to pay the Internet service fee. Only a
written request to terminate the service relieves the Subscriber of the
Subscriber's obligation to pay the monthly account charge. Accounts in
default are subject to an interest charge of 1.5% per month or the
Subscriber's state legal maximum allowable rate. If the Subscriber
defaults, the Subscriber is to pay the Company it's reasonable expenses,
including attorney and collection agency fees, incurred in enforcing its
rights under these Terms and Conditions. An act of default accelerates
payments to be due immediately, as credit is no longer being extended.
In the event the Company is required to engage the services of an
attorney because of a breach by the Subscriber of any of the terms herein
contained, the Subscriber agrees to pay all of the Company's reasonable
attorneys fees and court costs. Upon breach of this Contract, all of
Subscriber's rights and privileges shall be immediately terminated and upon
any such termination for breach of the provisions of this Contract, or the
breach of any applicable law or statue governing the use of the Internet
service, all subscriber fees shall be forfeited as liquidated damages to
the Company. In the event of litigation both parties agree that the Law of
Virginia shall apply and both parties consent to the jurisdiction of the
state courts of Northampton County, Virginia, or in the event of diversity
of citizenship, the United States District Court for the Eastern District
of Virginia. Both parties expressly waive a jury trial.
An Internet service account can be canceled at any time by either the
Company or the Subscriber, upon written notice sent by the Subscriber to
the address of the Company listed in this Contract, or by the Company, upon
written notice sent to the last mailing address listed with the Company by
the Subscriber on the Application for Internet Service. It shall be the
responsibility of the Subscriber to keep the Company informed as to a valid
mailing address to which notice can be sent. Service terminated from the
first through the 15th day of the month is subject to half the monthly
charge. Service terminated from the 16th through the last day of the month
is subject to the full monthly charge.
The subscriber agrees that the Company has the right to delete all
data, files or other information that is stored in the Subscriber's account
if the Subscriber's account with the Company is terminated, for any reason,
by either the Company or Subscriber.
The Company shall have the right to suspend service to the Subscriber
at any time, and for reasonable cause, without notice. If such a
suspension is to last for more that 15 days, the Subscriber will be
notified as to the reason.
Upon acceptance of the Subscriber's application for Internet service,
the Subscriber will be provided with access to the Internet service.
Permission for access to the Internet service shall remain valid and in
force and effect during the pendency of this Contract.
The Subscriber's rights herein granted cannot be transferred, shared,
sold, or used by anyone other than the Subscriber. No more than one login
session can be used at any time by the Subscriber on any Internet service
account. If the Subscriber has multiple acounts, the Subscriber is limited
to one login session per account at any time. Accounts which have been
transferred to other parties, or show other activity in violation of this
paragraph, are subject to immediate cancellation.
The Subscriber certifies that he or she is at least 18 years of age.
LIMITED WARRANTY. THE COMPANY WARRANTS THAT, IF A SUBSCRIBER IS
DISSATISFIED WITH THE SERVICE, THE COMPANY WILL, UPON WRITTEN NOTIFICATION
RECEIVED FROM THE SUBSCRIBER TO THE COMPANY, REFUND THE SERVICE FEES FOR
THE CURRENT MONTH OF THE DATE OF RECEIPT OF WRITTEN NOTICE AND ANY PREPAID
FEES FOR FUTURE MONTHS. OTHER THAN THE FOREGOING, NO WARRANTY IS MADE BY
THE COMPANY REGARDING ANY INFORMATION, SERVICE OR PRODUCT PROVIDED
THROUGH, IN CONNECTION WITH, OR LOCATED ON THE COMPUTERS OF THE Internet
SERVICE, AND THE COMPANY HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES,
INCLUDING WITHOUT LIMITATION: (i) ANY WARRANTIES AS TO THE AVAILABILITY,
ACCURACY, OR CONTENT OF INFORMATION, PRODUCTS, OR SERVICES; AND (ii) ANY
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
LIMITED LIABILITY. ANY LIABILITY OF THE COMPANY, INCLUDING WITHOUT
LIMITATION ANY LIABILITY FOR DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY
FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, ELECTRICAL
SURGE/DAMAGE/INTERFERENCE, DELETION, DEFECT, DELAY IN OPERATION OR
TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OF OR
UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS WHETHER FOR BREACH
OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIENCE, OR UNDER ANY OTHER CAUSE OF
ACTION, SHALL BE STRICTLY LIMITED TO THE AMOUNT PAID BY OR ON BEHALF OF THE
SUBSCRIBER TO THE COMPANY FOR THE CURRENT MONTH.
This contract represents the complete understanding between the
parties as to the subject matter hereof, and supersedes all prior written
and oral negotiations, representations, guaranties, warranties, promises,
orders, statements or agreements between the parties or any statement or
representation made or furnished by any other person representing or
purporting to represent either party. The Company reserves the right to
modify these Terms and Conditions by notifying the Subscriber 30 days in
advance of the effective date of the modifications.
Use of an Internet service account constitutes acceptance of these
Terms and Conditions.